Agreement between user and truebestcbd.com
Welcome to truebestcbd.com. The truebestcbd.com website (the “Site”) is comprised of various web pages operated by True Best CB, a DBA under Zach Attack Supplements LLC. Truebestcbd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of truebestcbd.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Truebestcbd.com is an E-commerce Site to sell hemp-derived CBD products and other products. “Zach Attack Supplements LLC” includes “truebestcbd.com”, “www.truebestcbd.com”, “Zach Attack Supplements LLC”, and “Shark Nootropics LLC”.
YOU MUST BE 18+ TO BUY ANYTHING FROM THIS WEBSITE. BY BEING ON THIS WEBSITE, ORDERING A PRODUCT AND/OR AGREEING TO THE TERMS AT CHECKOUT, YOU AGREE THAT YOU ARE 18+ YEARS OLD. FOR VAPE-RELATED PRODUCTS, YOU AGREE THAT YOU ARE 21+ YEARS OLD. LYING ABOUT YOUR AGE IS FRAUD AND IS A CRIME.
Privacy
Your use of truebestcbd.com is subject to our Privacy
Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.
VERY IMPORTANT: You agree to be responsible for any and all handling of any products from this website by purchasing a product and/or having a product in your possession. You agree to not hold Zach Attack Supplements LLC, True Best CB and its associates responsible for the results of the handling of any products sold. These results include intentional or unintentional: adverse reactions, injury, death or any other outcome. You agree to not sue True Best CB or its associates. In the event that you do sue, it must be done in the courts of Person County, NC and through the means of arbitration as outlined in the section “Arbitration.” You agree to pay any and all court costs that True Best CB has to pay to defend against your lawsuit. You agree to still be bound by this agreement if you sue. You acknowledge these terms to be true.
Not Medical Advice/Disclaimer
ALWAYS consult your doctor prior to using any hemp-derived product or
supplement. These statements have not been evaluated by the Food and Drug
Administration. The products on this website are not intended to diagnose,
treat, cure, or prevent any disease. Individual results may vary. Individual
results may vary. All statements made on this website are not
intended to be medical advice and should NOT be a substitute for
information from a physician. All content, products and information provided on
this website are for informational purposes ONLY. All article, blog
and website content is for entertainment purposes only. See your physician
for medical advice. Truebestcbd.com does not recommend you self-treat or
medicate. Always consult your physician if you have any questions in regards to
products on this website. True Best CB is not liable for any of the content
provided on this website in regards to suggestions of supplements for any health
purposes. None of the products on this website have been evaluated by the FDA
and are not intended to diagnose, treat, cure or prevent any disease or health
related issues. True Best CB makes absolutely no guarantees or warranties in
regards to any products and/or services offered for sale.
By purchasing an item off of truebestcbd.com, you agree that you will be responsible for its use and/or misuse by you or a third party. Follow directions and conduct your research carefully. True Best CB is not responsible for any damages, injury or death resulting from any information and/or services provided, even if prior advised of such events possibly occurring. Misuse, abuse or neglect to research information on such products sold on this Site is not the responsibility of True Best CB or its associates. The product facts and recommendations are meant to be a guideline for you as the customer to follow for best usage. You as the customer are solely responsible for your own safety, and the safety of third parties whom you give any product to, and handling of any product off of this Site is at your own risk. You agree to indemnify True Best CB from any adverse effects that may occur due to consumption of any products and/or improper handling of any products. In other words, you agree to not have the ability to sue, and will not sue, True Best CB for any results from any handling of any of the products on truebestcbd.com. This includes your family or associates not being able to sue in the case of your injury or death. You acknowledge that you are responsible for all handling, results and outcomes, including injury or death.
You must have knowledge of any and all products sold on this Site before you use them in any manner. By purchasing a product, or having it in your possession at any time, you agree that you have researched and are knowledgeable on the usage, side effects, other effects and/or all other information related to such product. You agree to indemnify True Best CB from any adverse effects that may occur due to intentional or unintentional ingestion or consumption of any products and/or improper handling of any products. Keep all products out of the reach of anyone under 18, especially children. You acknowledge that all products on this website are not intended for resale unless otherwise given permission.
Electronic Communications
Visiting truebestcbd.com or sending emails to True Best CB constitutes
electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your account to
any other person or entity. You acknowledge that True Best CB is not
responsible for third party access to your account that results from theft or
misappropriation of your account. True Best CB and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
True Best CB does not knowingly collect, either online or offline, personal
information from persons under the age of 18. By agreeing to the terms and
conditions, you are verifying that you are at least 18 years old and are a
legal adult. If you are not 18, and make a purchase through this website, then
you are held solely responsible for the purchase amount, and any legal fees we
may incur for trying to recover damages. Using a credit card without
permission, and buying products from our site by claiming to be 18 and are
under 18, could be constituted as crimes, such as forgery, theft and fraud.
Shipping
While we try our best to make sure every item is received by our buyers, we at True
Best CB cannot be held liable for any lost packages from shipping providers to
include: USPS, UPS, DHL. In addition, we cannot be responsible for products
held at customs. It is up to the buyer to determine if certain products are
allowed in their country. We do not control our shipping providers. If you only
select a shipping option with tracking and not insurance, then you agree to
assume the risk of the package being lost and agree to indemnify True Best CB
from any costs or replacements of said products ordered. If you order a
shipping option with insurance, then a case will be made with the shipping
provider. If international orders are held at customs, then we will
try out best to resolve the situation, but make no guarantees.
Cancellation/Refund Policy
You may return an unopened product within 14 days from the shipment date. For
defects, you have 14 days from the shipment date to notify us as such. Buyers
are responsible for return shipment and all arrangements. If you open a
product, then you void any possibility of return. Opened products are strictly
unable to be returned. True Best CB may deny or approve any return at its own
leisure. Please contact to arrange a return. Thank you.
Links to third party sites/Third party services
Truebestcbd.com may contain links to other websites (“Linked Sites”).
The Linked Sites are not under the control of True Best CB and True Best CB is
not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. True Best CB is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by True
Best CB of the site or any association with its operators.
Certain services made available via truebestcbd.com are delivered by third
party sites and organizations. By using any product, service or functionality
originating from the truebestcbd.com domain, you hereby acknowledge and consent
that True Best CB may share such information and data with any third party with
whom True Best CB has a contractual relationship to provide the requested
product, service or functionality on behalf of truebestcbd.com users and
customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use truebestcbd.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to True Best CB that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner which could damage, disable, overburden,
or impair the Site or interfere with any other party’s use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of True Best CB or its suppliers and protected by copyright and
other laws that protect intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other proprietary notices, legends or
other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. True Best CB content is not
for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of True Best CB and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of True Best CB or our licensors except as expressly
authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services”),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
True Best CB has no obligation to monitor the Communication Services. However, True
Best CB reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. True Best CB
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
True Best CB reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in True Best CB’s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. True Best CB does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, True Best CB specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized True Best CB spokespersons, and their views do not necessarily
reflect those of True Best CB.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you upload the materials.
Materials provided to truebestcbd.com or posted on any True Best CB web page
True Best CB does not claim ownership of the materials you provide to truebestcbd.com
(including feedback and suggestions) or post, upload, input or submit to any True
Best CB Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting True Best CB, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. True Best CB is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in True
Best CB’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
Product Reviews
None of the product reviews on this website represent the opinion of True
Best CB or it’s affiliates. All reviews are the opinions of the reviewer, and
do not represent facts or this company. True Best CB is not responsible for the
content of any reviews.
Third Party Accounts
You will be able to connect your True Best CB account to third party accounts.
By connecting your True Best CB account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by True Best CB from our
offices within the USA. If you access the Service from a location outside the
USA, you are responsible for compliance with all local laws. You agree that you
will not use the True Best CB Content accessed through truebestcbd.com in any
country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless True Best CB, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney’s fees) relating to or
arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. True Best CB reserves the right, at its own cost,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with True Best
CB in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. This should be done in the courts
of Person County, NC. The arbitrators award shall be final, and judgment may be
entered upon it in any court having jurisdiction. In the event that any legal
or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney’s fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, unless both you and Employer agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRUE BEST CB AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRUE BEST CB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRUE BEST
CB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE BEST
CB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF TRUE BEST CB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
True Best CB reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of North Carolina and you hereby consent to
the exclusive jurisdiction and venue of courts in North Carolina in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and True Best CB as a result of this agreement
or use of the Site. True Best CB’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of True Best CB’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by True Best CB with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and True Best CB with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and True Best CB with respect to
the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
True Best CB reserves the right, in its sole discretion, to change the Terms
under which truebestcbd.com is offered. The most current version of the Terms
will supersede all previous versions and apply to all future orders of the date
of the new Terms. True Best CB encourages you to periodically review the Terms
to stay informed of our updates. The most current-dated Terms will show here.
Contact Us
True Best CB welcomes your questions or comments regarding the Terms:
Email Address:
truebestcbd@gmail.com
Effective as of October 29th, 2019